153 DeWian Agriculturists* Ueticf. [1879 : Act XVtt.

OHAPTEIl TIT.

OF SUITS AND OTHER PROCEEDINGS TO WHICH AWKICULTUJUSTS ABB PAUTIES.

Powar of l [10A. Whenever it is alleged at any stag*1 of any suit or

Court to -proceeding to which aa agriculturist is a party that any transaction in

determine f * . \ . J / .

nature of issue entered into by such agnculturiHt or the person, ir any, through

transactions -^o ^ c]ajms Was a transaction of such a iwtiuv that llu? rirfitH
and to adtaifc , .

evidence of and liabilities o£ the parties thereunder arc triable wholly or in part nudrr flu's

aU °?^ree" Chapter, the Court Khali, notwithstanding anything contained in section M of
statement, the Indian Evidence Act, 1872, s or in any oihcr law for thn time Iwing in I of J87
force, have power to inquire into and determine the real nature of snub
transaction ami decide siuth biiit or proceeding in sir«M»r*laiKv with such deiermi-
nation and shall be at liberty, •notwithstanding anyl.hing oontuinod in any law
as afore«aid, to admit evidence of tiny oral sitgreiMin-ni or slalnurnt \vith a view
to such determination and decision :

Provided that Huch agriculturist or the person, if any, through whom he
claims was an agriculturist at the time of «uch transaction :

Provided further that nothing hi this suction, nhall !><? dtuuned to apply to
auy suit to which a bowljiile Inuisfuivc for value without no! ice of thermal
nature of such transaction or his representative in a i>arty whwv «uoh trausf«ree
or representative holds under u. rogistoro<l deed executed moro thai* twelve yeartj
before the institution of such suit,

(a] A landlord tjuei for possession of Ituid leaded by him to an agrictilturbi
The defendant alleges that ho mortgaged tho land with possession to tho k««or
who is entitled to its po^ession ouly as such mortgagee and not &H owner, and
asks that he may be allowed to redeem tho mortgage without being ejected*
The Court may admit evidence on this allegation, and, i£ satisfied that it Jg
correct, may decline to eject tho defendadf as tenant, and allow the suit to be
converted into one for redemption of the mortgaged property*

(h) An agriculturist sues to redeem property allege*! to have been tuort*

* gaged by a deed in the form of a lea#o. The Court may admit evidence of the

intention of the parties outside the deed in order to determine whether £hc

traiiKoctiou wan a mortgage or a lease, and if sati*iied that the imn&aetioii wa»

a mortgage may enforce the deed OH a mortgage-»deecl»

» (Jen!, Acts, V«L II.